BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

                                                                   Complaint No.:226 of 2015.

                                                                   Date of Institution: 11.08.2015.

                                                                   Date of Decision:28.12.2016

Jaibir son of Shri Dharam Singh, resident of VPO Bidhvan, Tehsil Siwani, District Bhiwani.

                                                                           ….Complainant.

                                      Versus

MRF Auto Private Limited Branch near Gau Shala, Meham Road, Vidhya Nagar, Bhiwani K Branch Sevlia Automobiles, Rajgarh Road, Siwani Mandi.

                                                                   …...Opposite Party. 

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE: -  Shri Rajesh Jindal, President

         Ms. Anamika Gupta, Member

Present:-   Sh. Azad Singh, authorized representative of the complainant.

       None for OP.

ORDER:-

Rajesh Jindal, President:

                   The case of the complainant in brief, is that on dated 27.10.2014 he had purchased motor cycle model CD 110 Dreem (CB110C2F) for Rs. 41,423/-.  It is alleged that the both alive wheels of his motor cycle have become defective and therefore the air in the tyres leaks while driving the motor cycle. It is alleged that he visited to the OP many times but to no avail. Hence, it amounts to deficiency in service on the part of opposite party and as such, he had to file the present complaint for seeking compensation.

2.                On appearance, the OP filed written statement alleging therein that the present complaint is not maintainable.  It is submitted that the answering respondent always provide better services to his customers whenever required and in this particular case it is the complainant who is not availing the services even though the respondent is ready to do rectify the problem in compliance with the terms and conditions of the insurance policy.      Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite party and complaint of the complainant is liable to be dismissed with costs.

3.                In order to make out his case, the representative of complainant  has tendered into evidence affidavit Annexure CW1/A and documents Annexure C-1 to Annexure C-2.

4.                The complainant has reiterated the contents of the complaint.  He submitted that the both alive wheels of his motor cycle have become defective and therefore the air in the tyres leaks while driving the motor cycle.

5.                The representative of the OP not appearing for the last 4 hearings in this case and in the absence of the OP this case was adjourned for about 6 months for his presence.  We proceed to decide this case in the absence of the OP on the basis of the material on the file.  Taking into account every aspect of the case, we partly allow the complaint of the complainant and direct the OP to rectify the defect in both alive wheels of the motor cycle of the complainant and also to pay a sum of Rs. 1,000/- on account of litigation cost to the complainant.  The complainant is directed to approach the OP to get rectified the defect in the wheels of his motor cycle and the compliance of this order.  Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 28.12.2016.                          

      (Rajesh Jindal)                           

President,

                                                          District Consumer Disputes

                                                          Redressal Forum, Bhiwani.

           (Anamika Gupta)                             

              Member